Posts tagged as:

debt collector

Minnesota Needs Debt Buyer Regulation

March 1, 2010

Minnesota Representative Joe Mullery and Senator Ron Latz recently introduced a bill that would prevent debt buyers from filing a lawsuit without the ability to prove they have the right to collect a debt.
Why the need for the rule? Debt buyers and collectors file tens of thousands of lawsuits against Minnesota consumers every year, and [...]

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Debt Collection Help: Free Resources

February 26, 2010

Getting called or served with a lawsuit by a collector is a pain, at best. You can help yourself deal with debt collection with free information and tools online, but not everything you find will actually help. Here is a selection of resources that will:

If you are contacted or sued by a debt collector, use [...]

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Maryland Judge Dismisses “Tens of Thousands” of Mann Bracken Lawsuits

February 2, 2010

Mann Bracken, the enormous debt-collection law firm, recently closed its doors, leaving hundreds of thousands of consumers unable to resolve their debts. Since Mann Bracken sues on many of its debts, the sudden closure also left courts in confusion.
One Maryland judge decided to take drastic measures. According to The Baltimore Sun, he dismissed “tens of [...]

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What Debt Collectors Can and Cannot Do

January 26, 2010

The Federal Trade Commission has posted a video on their website and YouTube outlining consumers’ rights when contacted by debt collectors.
If you have been contacted by a debt collector, watching the video is a good place to start learning about your rights.
(photo: bisgovuk)

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Is Mann Bracken Out of Business?

December 22, 2009

I got the word a few days ago that gigantic debt collection law firm Mann Bracken was going under. Atlanta consumer lawyer Tim Cook says Mann Bracken’s lawyers are out of work and the phones are instructing callers to contact their creditors. Could it be?
It could. Mann Bracken has been under fire in Georgia, and [...]

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The New Debtors’ Prison

October 21, 2009

Debtors’ prison was supposedly eliminated in the United States in the 19th century, but in the 21st, people are still being arrested and tossed into jail for debts. It just takes an extra step these days.
This morning, I sat in court and watched a debt collector get six bench warrants for debts under $1,000. I [...]

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FDPCA & FCRA Lawsuits On the Rise

September 23, 2009

The number of FDCPA and FCRA lawsuits filed in 2009 is well ahead of both 2008 and 2007. In July 2009, the 5000th suit was filed. In 2008, that benchmark was not hit until the second week of October; in 2007 it took until early December.
So what is behind the surge? Here are my best [...]

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Served By a Debt Collector? What To Do Next

August 4, 2009

Getting served with a lawsuit is one of the more upsetting things that can happen to you. When a process server hands a summons and complaint to you or to someone “of suitable age and discretion” who answers your door, they are dragging you into the legal system.
But really, it is not as bad as [...]

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NY AG shuts down a particularly abusive debt collector

June 24, 2009

How would you like to get a call like this, just because you are behind on your credit cards?
“Hello, this is Investigator Brook Carlson from the Warrant Division. This is the last time I am going to attempt to contact you,” the caller said in one message. “We have left this message numerous times, and [...]

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Deal With Your Debt: Negotiate a Settlement

May 7, 2009

Once a debt is in default—meaning you stopped paying it—one option is to attempt to negotiate a settlement with the creditor. (You can try this before you go into default, but creditors are rarely willing to play ball until you prove your poverty—and before they rack up some more fees.)
You could just pay the full [...]

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Mann Bracken under fire in Atlanta

April 30, 2009

Update: Mann Bracken may be out of business.
Mann Bracken has been sued over 100 times in the last five years, giving the lie to partner William Bracken III’s claims that they do not tolerate harassing conduct.
Click the picture above for Atlanta news station WSBTV’s investigative report into Mann Bracken’s collection practices.
Consumers Accuse Law Firm Of [...]

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Johnson, Rodenburg & Lauinger to pay $311,000 for FDCPA violations

April 21, 2009

A jury in Montana awarded $311,000 last week to a Montana man who was sued by the debt collection law firm of Johnson, Rodenburg & Lauinger. JRL tried to seize his social security disability payments to satisfy a judgment for CACV, a debt buyer. The jury awarded $1,000 in statutory damages, $250,000 for the consumer’s [...]

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After the Bank Failure Comes the Debt Collector

April 16, 2009

After the Bank Failure Comes the Debt Collector | NY Times

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Dateline takes on the debt collection industry

March 27, 2009

Tonight, Dateline took a good, hard look at the debt collection industry. Dateline went the extra mile to show that, for many collection agencies, abusive tactics are the rule, not the exception.
Dateline even tracked down a debt collector who lied about being a Maryland sheriff, lied about being a lawyer, and scared the living hell [...]

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Do’s and don’ts of dealing with debt collectors

March 24, 2009

There are too many to list, but here are a couple of the most important ones:
Don’t tell a debt collector where you bank or where you work
Debt collectors are always in hot pursuit of bank and employer information because bank and wage garnishments are easy and inexpensive ways to collect a debt. A favorite trick [...]

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Relatives rarely, if ever, have to pay a deceased relative’s debts

March 4, 2009

According to the New York Times, when debt collectors call up grieving relatives of the deceased, those relatives often have no obligation to pay the debt. So when do relatives have a responsibility to pay the debts of the dearly departed?
Since I represent the living, I asked someone who deals with the dead (or, rather, [...]

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Debt collector sued for hounding sick child

March 4, 2009

Debt collector sued for hounding sick child | Reading Tea Leaves

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I’m going to collect the money from you dead or alive, says debt collector

March 4, 2009

I’m going to collect the money from you dead or alive, says debt collector | Examiner

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Debt collectors love the debts of the dead

March 4, 2009

Debt collectors love the dead. In Minneapolis, DCM Services (that’s “Deceased Collection Management”) specializes in shaking down grieving relatives for cash. Those relatives usually have no obligation to pay, but they often do, just to stop the collector from calling.
“Dead people are the newest frontier in debt collecting, and one of the healthiest parts of [...]

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Florida collection agency Smith, Dean & Associates sued by the Illinois AG

January 26, 2009

Smith, Dean & Associates, Inc. (formerly United Processing), apparently has a few employees who can’t help but abuse the heck out of Illinois consumers. Besides using profanity, shaming consumers by calling friends and family, and lying about being an attorney, SD&A collectors threatened consumers with

Arrest;
Federal prison; and
Losing their children

The Illinois Attorney General got a restraining [...]

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